Robert Burney, Jr. v. Major McRainey, No. 12-6435 (4th Cir. 2012)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-6435 ROBERT EARL BURNEY, JR., Petitioner Appellant, v. MAJOR MCRAINEY; EARL R. BUTLER, Respondents - Appellees. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. N. Carlton Tilley, Jr., Senior District Judge. (1:12-cv-00008-NCT-LPA) Submitted: July 30, 2012 Decided: August 7, 2012 Before AGEE, DUNCAN, and KEENAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Robert Earl Burney, Jr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Robert Earl Burney, Jr., seeks to appeal the district court s judge order and petition. or judge accepting denying relief recommendation on his 28 of U.S.C. the § magistrate 2254 (2006) The order is not appealable unless a circuit justice issues a certificate § 2253(c)(1)(A) (2006). issue the absent a appealability. 28 U.S.C. A certificate of appealability will not substantial constitutional right. of showing of the denial 28 U.S.C. § 2253(c)(2) (2006). of a When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 Cockrell, (2000); (2003). see Miller-El v. 537 U.S. 322, 336-38 When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional right. Slack, 529 U.S. at 484-85. We have independently reviewed the record and conclude that Burney has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, motions for and dismiss appointment of the appeal. counsel; 2 Motion We to deny Burney s Bring Formal Charges of Civil Rights Violations Against Major McRainey and Sheriff Earl R. Butler; motion to include the State of North Carolina as respondent; Motion for Courts to Recognize Civil Rights Violations by the Cumberland County Detention Center (CCDC); motion to include North Carolina Attorney General Roy Cooper as respondent; motion to enter evidence; motion for appeal; motions for a writ of habeas corpus; and motion for injunctive relief. Finally, we dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 3
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